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71 02.09.2019
rkd Ct. No.28 C.R.M. 7620 of 2019
(Allowed)
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20/08/2019 in
connection with Haringhata P.S. Case No. 247 of 2019 dated
11/07/2019 under Sections 498A/Section326/Section307/Section34/Section304B of the
Indian Penal Code and under Section 4 of the D.P. Act.
And
In the matter of: Anukur Roy @ Buro Roy Ors.
….petitioners.
Ms. M. Gomes
…for the petitioners.
Mr. R. Nandy
…for the State.
It is submitted on behalf of the petitioners that they are the in-
laws of the victim housewife and did not play any role in the
matrimonial life of the couple who stayed separately. It is further
submitted that oral dying declaration of the victim to the defacto
complainant implicates the husband and not the petitioners. Husband
of the victim is in custody.
Learned counsel appearing on behalf of the State opposes the
prayer for anticipatory bail.
Having considered the materials on record and bearing in mind
the extent of complicity of the petitioners in the alleged crime and as
the principal accused i.e. the husband is in custody, we are inclined to
grant anticipatory bail to the petitioners.
In the event of arrest, the petitioners shall be released on bail
upon furnishing a Bond of Rs. 10,000/- each with two sureties of like
amount each to the satisfaction of the Arresting Officer and also be
subject to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure, 1973 and on further condition that they shall
appear before the court below and pray for regular bail within four
weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)